The time factor A commentary on the right of a just determination of a petition arising from a presidential election under article 140 (2) of the constitution of Kenya

Abstract

At the heart of a democracy it is the right of citizens to choose leaders who govern them. Through conducting elections, the people constitute government to preside over public affairs. However, in Kenya and other African countries the quality of the elections has many at times been vitiated by fraud, incompetence, unequal playing fieldrigging claims and violence. Partly the problem has historical roots where in the first decade of attaining independence in the 1950s and 1960s, many African regimes rapidly descended into autocracy and many countries formally recognized one-party regimes. In instances where elections are affected by anomalies and its’This leads to disputed results are disputed,and aggrieved parties have looked to theseek for redress from the Judiciary as a last resort. n institution of last hope to seek redress. The Judiciary is faced with the unenviable task of determining the ultimate outcome of the such polls in an election in which the results have been contested in the courtsan incredibly expeditious timeline. Consequently, in order to protect the peoples’ right of choice in an election, and to promote and safeguard democracy, the Judiciary must be perceived as competent, honest, learned and independent.

In the view of the foregoing background, tThis paperresearch seeks ought to investigate the challenges facing of the Jjudiciary and litigants in whenever presidential election petitions arisein Kenya and briefly examine other African countries jurisdictions in the adjudication of presidential election disputes. And Iin pursuit of promoting democratic principles and good governance, the paperresearch seeksought to explore the viability of establishing a continental supranational mechanism for resolving disputed presidential elections through adjudication.according both the bench and litigants before it adequate time and resources to collectively and competently deliver the dream of democracy – credible elections.